Questions About Social Security Judges

Welcome to Season 1, Episode 22 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "Questions About Social Security Judges."

If you’ve ever waited months - or even years - for a Social Security Disability decision and wondered, "Who are these judges deciding my future?" - this episode of Winning Isn’t Easy is for you. Join host Nancy L. Cavey as she pulls back the curtain on the Administrative Law Judges (ALJs) who decide Social Security claims. From how they’re trained to what happens when things go wrong, Nancy tackles the questions claimants ask most. She shares the four key issues she wishes judges would address - straight from what she would’ve told them at their recent conference in Atlanta. She also explains what to do if you feel you were treated unfairly in your hearing, and breaks down your options if you believe the judge simply got it wrong. Whether you're preparing for a hearing, waiting on a decision, or navigating an appeal, understanding the role of the judge - and how to challenge mistakes - can make all the difference. Let’s get into it.

In this episode, we'll cover the following topics:

1 -  The Four Things That Nancy Cavey Would Have Asked Social Security Judges to Address and Improve When the Social Security Judges Met in Atlanta

2 - Can I File an Unfair Treatment Complaint Against the Social Security Judge Who Heard My Case and Ruled Against Me?

3 - What Can I Do if I Believe the Judge’s Ruling Was Wrong?

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:15]:
 Welcome back to Winning Isn't Easy. Social Security Disability Benefits. This is a podcast where we break down everything you need to know about navigating the Social Security disability claims process. I'm your host, attorney Nancy Cavey. Now, before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says. I've got to tell you that.
 
 Nancy Cavey [00:00:38]:
 And now that I've told you that, nothing will ever prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the Social Security disability benefits you deserve. So off we go. In the last episode, we covered Social Security misbeliefs and myths. In today's episode, this is going to be a bit of a different topic. And this is for anyone who's ever waited months, sometimes years, for a Social Security decision and wondered who are the judges making the call on my future? Or for anyone who's walked out of a hearing feeling ignored, misunderstood, or just plain defeated. If you've worked and paid into the Social Security system and are now fighting for your disability benefits, you deserve more than silence and confusion. You deserve answers, respect, and a fair shot. This episode is all about pulling back the curtain on the people behind the bench, Social Security administrative law judges, and we're going to dive into how they're trained, how decisions are made, what happens when things go wrong.
 
 Nancy Cavey [00:01:46]:
 I'm also going to talk about what you can do if you believe you were treated unfairly or if the judge's decision missed the mark. Now, whether you're gearing up for a hearing, waiting on an appeal, or trying to make sense of what just happened in your case, this episode is for you. Understanding the process isn't just helpful, it's powerful. So let's get into it. I'm going to cover three things. Number one, I'm going to talk about the four things that I would have asked Social Security judges to address and improve when when they had a meeting some time ago in Atlanta. Number two, can I file an unfair treatment complaint against a Social Security judge who heard my case and ruled against me? And number three, what can I do if I believe that the judge's ruling was wrong? Before we get started, let's take a quick break and come back and learn more about the role of administrative law judges in your Social Security disability claim.
 
 Speaker B [00:02:40]:
 Considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits. Which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:02]:
 Welcome back to Winning Isn't Easy. Ready to get started? I'm going to talk about the four things that I would have asked Social Security judges to address and improve when they met recently in Atlanta. Now I have to confess to you that in today's political environment, things are pretty tough at the Social Security Administration. Staffing has been reduced by at least 25%, offices are closing, and everybody is overworked and certainly underpaid. That also includes administrative law judges and their staff. So I understand that things are not as they were and things are going to be tough for quite some time. But Several years ago, 1,000 Social Security judges, known as administrative law judges, gathered in Atlanta to address issues related to disability benefits, long Covid cases, and new developments in medicine. While that agenda certainly is important because we are having lots of issues, particularly with long Covid cases, I wish I had been invited to speak and share concerns that many disability applicants and their representatives face every day now.
 
 Nancy Cavey [00:04:12]:
 Before our current administration took office, it was taking about a year to get an initial application to be reviewed by Disability Determination Services DDS is contracted to or by the Social Security Administration to process initial claims. And if your application is denied at this stage, you have to file a request for reconsideration and it goes back to DDS for another review by a different claims examiner. That process was taking about nine months. Regardless of your political affiliation, I will tell you that progress had been was being made in shortening these periods of time. They were still, quite frankly, not acceptable. But now with the termination of staff, the resignation and retirement of judges and the hiring freeze, the timeframe in which to get a hearing, well, the timeframe in which to get the initial application, the request for reconsideration, and the hearing is all being made longer. It's just become, I think, unacceptably lengthy in the name of, you know, tax benefits for the rich. There is, in my view, very little in the way of fraud that would justify the cuts that are being made to the Social Security system.
 
 Nancy Cavey [00:05:33]:
 And quite frankly, in my opinion, it's being done in an effort to discourage people from applying for Social Security disability benefits, benefits to which they are legally entitled to if they meet the five step sequential evaluation. As I've talked about before, Social Security disability benefits are not welfare. You have paid into the system by working at least five out of the last 10 years. So you are asking to be paid Benefits to a system to which you have contributed. So this is not welfare. Though I will tell you, sometimes there are judges who think that way, but that's the minority. Now, if your claim is denied at the initial application stage, denied at the request for reconsideration stage, you have to request a hearing in front of a Social Security judge or you potentially have to start all over again and potentially lose benefits. This can add about another eight months to a year to the process.
 
 Nancy Cavey [00:06:30]:
 And at this point, I tell my clients that if we have to go from an initial application to a hearing, it could be two, two and a half years, depending on where you live. I know it is a long, demoralizing journey. You are financially strapped. You may be facing the prospect of losing your home. I've had clients who have been homeless. All of this is absolutely, in my view, disgusting. Franklin Delano Roosevelt once said that the measure of a society is how it treats is disabled. And right now I would say that we are failing not only Americans, but disabled Americans.
 
 Nancy Cavey [00:07:09]:
 I know that there are systemic issues at every level, and I would have raised those if I had a seat at the table with the judges. So here are the things that I would have asked them. And some of this has gotten worse. Number one, inadequate staffing. We live in a country where billions are spent on defense, infrastructure and even foreign aid, but somehow Congress struggles to allocate sufficient funding to staff DDs adequately and the judges adequately. Understaffing leads to long wait times, overworked staff, rushed or inconsistent decisions. While citizens can contact their congressional representatives to demand better funding. I think that the ALJ union and other advocacy organizations should be pushing hard for systematic funding reform.
 
 Nancy Cavey [00:07:52]:
 And I understand in this political environment that we're not the priority, the rich are the priority. But the impact of insufficient staffing goes beyond numbers. When overburdened examiners are processing hundreds of claims under tight deadlines, errors are inevitable and lives are placed on hold while people wait in limbo and sometimes without the medical treatment or financial support they desperately need. So get on the phone with your congressman right now. Particularly as I'm recording this episode. The budget that was passed by the House is going to the Senate. Take a look at that budget. You'd be shocked at the cuts that are being proposed not only to basic benefits, Social Security benefits, Social Security disability benefits, Medicare, Medicaid benefits.
 
 Nancy Cavey [00:08:42]:
 You might say to me, well, there's doesn't appear to be any direct reduction in the Social Security disability or Social Security retirement benefits. And I would say that's correct. But what you're going to see, and we are already seeing as a result of staffing changes, terminations, lack of the ability to hire, are the fact that it's taking way too long for the claims examiners to get the claim, way too long for them to make a decision, way too long to take an appeal, way too, way too long to get a decision from a judge or get a hearing from the judge. I'm sorry, a hearing by a judge and then get the decision by the judge. It's once been said that justice delayed is justice denied. And I would say the same thing applies here in the Social Security system. Now the other thing I would have talked to them about is inadequate training at dds. Medical conditions are complex and ever evolving.
 
 Nancy Cavey [00:09:37]:
 Yet many DDS examiners lack specific training needed to interpret detailed medical records. Records, particularly for chronic and less visible conditions like ms, Parkinson's, me, cfs, pots, Elders, Danlos, or long haul Covid. In my practice I regularly obtain disease specific residual functional capacity forms from treating physicians. The way why I do that is that these forms provide crucial insights into the claimant's symptoms and limitations such as difficulty sitting, standing, lifting, maintaining concentration or pace. This information is vital in determining if a claimant can perform past work or any other work at all in the national economy considering their age, education and acquired skills. That's step four and five of the five step sequential evaluation where most of these cases are decided. I have found that many DDS claims examiners either misunderstand or undervalue these forms. So I think that there needs to be more training and targeted training that address real world claims scenarios.
 
 Nancy Cavey [00:10:38]:
 I think these updates should include diagnostic criteria for emerging medical conditions and functional impairments, giving examiners a framework for their fair and medically informed evaluations. I find quite frankly that many claims examiners don't understand conditions like MS, PD, POTS, EHLers, Danlos, fibromyalgia, Long, Covid. And it's easy when you don't understand them or don't think you have the right medical documentation to deny a claim. You get another claim off your desk and the one behind it is coming up next. The third thing I think we should be taking more seriously is on the record decisions. OTR decisions at the hearing level. Now once a hearing is scheduled, it can take about five months to maybe nine months or more to actually appear in front of an aljama. I really believe that many of these cases could be resolved far earlier through an on the record OTR decision.
 
 Nancy Cavey [00:11:32]:
 If the case is well documented, it includes consistent medical evidence and is supported by a well structured RFC form. I really don't think the ALJ necessarily needs to hear live testimony in those situations. The claimant's attorney, such as myself, should encourage the judge to issue an otr. And the way that I do it is I submit a brief explaining the the five step sequential evaluation and point in the record to at each step as to why it is the person meets the five step sequential evaluation. Now Social Security has hired in the past attorney advisors to assist judges in reviewing cases for potential ORT decisions. And I think again we've lost a lot of those people. And again, judges are also quite frankly, I think scared of being terminated for awarding too many cases that are favorable and they have stepped back, I think a bit in their review process in an effort to preserve their jobs. Now this is my personal opinion.
 
 Nancy Cavey [00:12:42]:
 I know that others might disagree with me. There are other judges who have held firm under what appears to me to be pressure from our new Social Security claims administrator to reduce the Social Security rules. And quite frankly, based on what I saw in Trump's last tenure, there was a significant effort to take people off the rolls with continuing disability reviews and a lot of my work in that period of time when he was president involved handling these CDRs. I expect the same thing is going to happen and I suspect that that caseload is going to increase ultimately for judges. The idea here is to do the exact opposite of what is happening now and that is basically to have a educated claims examiners at the otr, I'm sorry, at the initial application and the request reconsideration level, giving them better training so they understand the nature of many of the diseases that we are seeing now, particularly long Covid and its complications, and giving them the tools to make the correct decision as quickly as possible. The second thing of course would be to expedite the review at the request for reconsideration level or quite frankly in my view abolish it because it is I think a needless step to get us to a hearing. And obviously the whole purpose is to accelerate us to get to the judge if we have to go that far and then to ultimately ease the backlog and reduce the stress on claimants who are often enduring both financial and medical hardship. The last thing I would have talked about to the judges is the use of consultive examinations and last minute hearing cancellations for consultative exams.
 
 Nancy Cavey [00:14:45]:
 Now I understand that in the claims process the medical evidence may not have adequately been developed because the physician in question who was treating the person didn't address things that Social Security wanted to see, or quite frankly, the claimant may not be getting appropriate or adequate treatment. And so Social Security will set up a consultative exam and that clearly should be done. One of the problems at that point is that Social Security is using doctors that I think are not qualified. I've seen them use pediatricians or obgyns in cases that they have no qualifications for. So in my view, Social Security needs to be using qualified examiners. The other thing we need to think about is quality review. These doctors are not necessarily the best doctors, if you will. They're using this as an opportunity to create supplemental revenue for them.
 
 Nancy Cavey [00:15:47]:
 And I get that. But many times I find that they really don't understand the Social Security disability claims process or the criteria and, and make decisions that are potentially wrong. And I say wrong because I have to deal with it at the hearing stage. And it's almost as if there is an incentive for them to deny claims. And what do I mean by that? They're not necessarily denying claims. They're giving the Social Security administration the ammunition with which to deny a claim by opining, I think improperly and not always with an adequate fund of information about the persons residual functional capacity. But I've also had situations where we're at a hearing level and at least in my case is most of the time we're submitting residual functional capacity forms from the treating physicians. And so there should be an adequate fund of information.
 
 Nancy Cavey [00:16:40]:
 There are times when in fact we don't have that kind of information. And I understand that the judge may want to have a consultative medical examination. Generally I'm not in objection to that, and quite frankly, I really can't object. But one of the things that also irritates me is that the judge at the last minute at a hearing, retaining a expert to testify at the hearing, and I get little or no notice. Yesterday I had a hearing scheduled in a very complex case and got notice like less than 24 hours before the hearing that a medical expert was going to testify. Again, there's an issue with these medical experts because at the hearing stage we also have physicians who haven't practiced in a million years, don't have hospital privileges, and are basically using this as a way to supplement their retirement, not necessarily understanding again the criteria for Social Security. So I think there needs to be better vetting of the physicians, better training of the physicians better, and I really think there needs to be quality control. So let me give you an example.
 
 Nancy Cavey [00:17:52]:
 I recently had a case with extensive medical documentation and multiple residual functional capacity forms. I submitted a detail on the record request which was denied. And then on the morning of the hearing, the judge canceled and requested a CME and testimony from a medical expert. Talk about frustrated. This all could have been addressed weeks or months earlier. If the judge had reviewed the case at the time of the OTR request, the the claimant wouldn't have to have waited even longer to undergo these exams and then ultimately have a hearing. I think it's really incredibly disheartening for people who've already waited years to get a hearing date only to be pushed back again. I believe that judges must be encouraged to review files earlier in the process and work more collaboratively with claim representatives to resolve straightforward cases officially.
 
 Nancy Cavey [00:18:43]:
 Now, I understand that we want to have a wall between the judges and attorneys and that's result of a huge scandal in Kentucky where there was an improper payback arrangement between the lawyer, the judges and some of the doctors involved. I'm not suggesting ever that we do anything like that. But I think that there needs to be more transparency and communication between the judges and the claimants advocates so that if there is an issue, we know about it, we can solve some of these things quickly. There are judges that I work with who don't have a problem with contacting our offices and saying, look, my ja, and it's through the ja, the judicial assistant. I need X, Y or Z in which to make a decision. Can you get that for me? I have no problem with that. I like working collaboratively, working with the judges to help them make a decision. I don't mean that I'm going to get a favorable decision, but if I can work collaboratively with a judge on straightforward cases to help them decide, I'm all in favor of that.
 
 Nancy Cavey [00:19:52]:
 And clearly I would have offered the judges a window into the real world frustrations of claimants and their advocates, the delays, the inefficiencies and the lack of communications and a problem. And I would urge that the ALJs become part of the solution. I know that's incredibly difficult in this political environment where we have a president who thinks he can willy nilly terminate people without regard to union agreements. And so, you know, I understand that the judges may not want to be able to put their toes out and get them smashed, but I think ultimately it's the judges. The judges at all levels need to make our American system of justice work. And I trust that you agree to. Let's take a break. Welcome back to Winning Isn't Easy.
 
 Nancy Cavey [00:21:15]:
 Can I file an unfair treatment complaint against the Social Security judge who heard my case and ruled against me. So let's say we've had a hearing and you felt that the administrative law judge you heard your case was rude to, dismissive, or even hostile during your hearing. And unfortunately, I've seen this happen more than once. While ALJs are tasked with the remaining impartial and professional, not all of them adhere to those standards. The good news is that you have rights. If you believe you were unfairly treated by an ALJ during your hearing, you're legally entitled to file a formal complaint. Now, that's separate from an appeal, and we'll talk about an appeal in a moment. But the complaint is strictly focused on the judge's conduct and not their decision.
 
 Nancy Cavey [00:21:56]:
 Your complaint should include a clear explanation of how you were unfairly treated, the date and time of the mistreatment, the specific actions or words the judge used that you believe were inappropriate, the names of the witnesses who were present, such as your representative or interpreter and claims can be I'm sorry, complaints can be submitted at any Social Security office or better yet, mailed to the Office of Hearing Operations, Division of Quality Service Suites, 170217035107 Leesburg Pike, Falls Church, VA 220413255. Now, you should be thorough, factual and concise in your complaints. This complaint isn't going to change the outcome of your claim, but it can help improve accountability within the system. If enough people speak up, we may see better training and oversight for ALJs in the future. But you have to understand that every hearing is recorded, and most likely the people who review this complaint are going to go listen to the audio of the hearing. And so your interpretation is going to be subject to review by people who are to be fair and impartial and listening to the hearing, they're going to resolve this particular issue. And you may not like the you know what you hear back, but at least you know that you have been heard. I also want to take a moment to talk about the appeals process.
 
 Nancy Cavey [00:23:24]:
 In other words, what can I do if I believe the judge's ruling was wrong? Now, I'm going to talk about that in greater detail in our next segment, but I want you to understand that we're talking about two things here. The first is if you felt that you've been mistreated, even if you got a favorable decision, you can file a complaint. Number two, if if you feel that you've been mistreated and got an unfavorable decision, two things file the complaint and then the appeal, and I'll talk about that when we come back. Let's take a break.
 
 Speaker B [00:23:55]:
 Struggling with your Social Security disability case? The right attorney can make all the difference. Get our booklet the key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:24:44]:
 Welcome back to Winning Isn't Easy. What can I do if I believe that the judge's ruling was wrong? Now, we've talked about how you can file a complaint for poor treatment if you felt as if the judge was rude or disrespectful to you. But you need to understand that that complaint is not going to reverse or alter the judge's decision. If your claim has been denied and you believe the judge made a legal mistake, that the proper course of action is to file an appeal, not just a complaint. You have 60 days from the date you receive your denial letter or decision from the judge to file a written appeal with the appeals Council located in Fairfax. Missing this deadline means that your claim is considered final and your ability to appeal may be lost forever. Now, the judge's decision will include instructions on how to appeal. This is a highly technical process and you should absolutely consult with an attorney who's experienced at Social Security appeals.
 
 Nancy Cavey [00:25:45]:
 Now, we do handle appeals for our cases, but we generally don't handle appeal counsel cases for non clients. I maintain a network of trusted colleagues and can refer you to a skilled appellate attorney if I haven't represented you. But I want you to understand here, appealing is not just about pointing out errors. You may not like the decision. There are many times I get decisions and I don't like them and I'm angry. But that doesn't mean that there is an appealable issue. It's about building a legal argument that the judge failed to apply the law correctly or overlooked key evidence. And this process that we engage in is we review the hearing transcript.
 
 Nancy Cavey [00:26:27]:
 We highlight inconsistencies or omissions from the memo of law that we prepared for the judge and the judge's decision. We will submit new or updated medical evidence. We draft a legal brief to support the claim based on legal error, not because we were pissed that the judge ruled against us. So I don't want you to confuse filing a complaint with unfair treatment with an appeal. The appeal is your only, only, only opportunity to challenge the actual ruling. So if you believe the judge got it wrong, you should be talking to your attorney who will discuss with you whether they think an appeal is appropriate. If you weren't represented, you better darn well find a lawyer. And you can contact nascar, the national organization of Social Security claims representatives, for recommendations.
 
 Nancy Cavey [00:27:21]:
 Because you need to protect your rights to continue your claim. If your claim is denied, ultimately at the appeals level, you'll have the right to take an appeal to the federal court. But if you never appeal the Judge's decision, the ALJ's decision, you won't get to the Appeals council and you won't get to federal court. Got it? That's it for today's episode of Winning isn't Easy. If you're navigating the Social Security disability claims process and feel overwhelmed, you're not alone. Make sure that you're informed about your rights and seek experienced legal guidance. Remember, while the system may be flawed, you can still fight for the benefits you deserve with the right support. If you found this episode helpful, please take a moment to like this page, leave a review, and share it with your family and friends.
 
 Nancy Cavey [00:28:06]:
 And of course, subscribe to this podcast. I would love to hear from you. At the beginning of each episode description, you'll find a link, you can send us your questions or comments, and you might even find that I feature them in a future episode. I love answering questions, so please join us next week for another insightful discussion where we'll talk about more Social Security judge issues and I'm going to give you some examples of claims outcomes so you can see in greater detail how this process works. Thanks for listening.